O Globo: Alexandre de Moraes and Freedom of Expression

Originally published in Portuguese. A rough English translation is below. To read a longer version of this article, check out The Bedrock Principle.  By Jacob Mchangama and Jeff Kosseff  In 2019, Dias Toffoli , then president of the Supreme Federal Court, appointed Alexandre de Moraes to lead an inquiry into “fraudulent news, slanderous accusations and threats against the Court, […]

Persuasion: Free Speech Hypocrites

By Jacob Mchangama The arrest of Mahmoud Khalil and the threat to go after others prove the hollowness of Trump’s claims to be a champion of free speech. When asked on Wednesday about the arrest and planned deportation of Mahmoud Khalil for his pro-Palestinian protest activities last year, Trump administration border czar Tom Homan resorted […]

Strasbourg Observers: Hate Speech, Positive Obligations and Free Speech

By Natalie Alkiviadou On the 7th January 2025, the European Court of Human Rights (ECtHR/Court) delivered the judgment of Minasyan and Others v. Armenia (2025). It addressed critical issues of hate speech, discrimination and the state’s positive obligations under Article 8 (the right to respect for private and family life) in conjunction with Article 14 (the prohibition of […]

Persuasion: Europe Has a Free Speech Problem

By Jacob Mchangama Last week, U.S. Vice President J.D. Vance shocked an A-list group of European political and military leaders at the Munich Security Conference in Germany with a blunt message: Europe has gone too far in restricting speech. According to Vance, the main threat against European security does not emanate from Russia or China, but […]

Politiken: When Amnesty Turns ‘Immigrant Boys’ and ‘Fools’ into Hate Speech, Something Has Gone Wrong

In a new piece in the Danish newspaper Politken, Jacob Mchangama argues that, if adopted, Amnesty International Denmark’s recommendations from a new report on hate speech would undermine free speech and increase government surveillance. Here is a summary of his arguments. Amnesty International Denmark claims to defend free speech but argues that free speech itself […]

Tech Policy Press: Will the DSA Save Democracy? The Test of the Recent Presidential Election in Romania

By Joan Barata Voting manipulation through social media platforms. Illegal campaign financing on TikTok. Cyber-attacks. Suspected Russian interference. The circumstances around Romania’s troubled December presidential election bear all the hallmarks of a modern political thriller. But the circumstances around the election and its annulment also present an opportunity to consider the application of Europe’s Digital Services Act […]

Le Point: Repeal the Offense of Apology for Terrorism? A Necessary Debate

By Jacob Mchangama The abuse of “apology for terrorism” laws became particularly evident after Hamas’ attack on Israel on October 7. What if the cure was worse than the disease? Article 11 of the 1789 French Declaration of the Rights of Man and the Citizen – the edifice of the French Revolution – guarantees all […]

Persuasion: Don’t Mourn the Fact-Checkers

Misguided decisions and the superiority of crowdsourcing mean Zuckerberg was right to change direction. But he must also keep Trump at arm’s length. By Jacob Mchangama The Great American Vibe Shift, rapidly reshaping U.S. culture and politics, has landed at 1 Hacker Way—the gleaming Palo Alto headquarters of Meta. In a video this week, Meta founder and […]

WSJ: Banning TikTok Would Violate America’s Free Speech Tradition

By Jacob Mchangama and Jeff Kosseff A heavy-handed new law forced TikTok to announce that it would shut down operations “within days.” Although the law left people without a popular forum to share and access information, a government official brushed off free speech concerns, saying that the ban did not mean “doom and gloom” for the […]

CELE: Threatening Dynamics on Internet Governance: The Case of Europe and The Digital Services Act (DSA)

By Joan Barata  As part of their research on the topic, CELE has characterized a threat of regulation as “any kind of public or private utterance or action by public officials who hold regulatory power over others in which they express, suggest, or imply, clearly or veiledly, their desire to see their subject’s conduct move […]